UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RELIGIOUS TECHNOLOGY CENTER, a ) California non-profit corporation, ) Plaintiff, ) ) vs. ) ) No. C 96-20207 RMW EAI GRADY WARD, an individual, ) ) Defendant ) ) NON-OPPOSITION TO PLAINTIFF'S MOTION FOR ACCELERATED THIRD PARTY DISCOVERY The plaintiff's motion for expedited discovery of documents held by third parties severely mischaracterizes Grady Ward's deposition testimony (plaintiff's motion page 2 line 7) since (1) I have totally and unequivocally denied ever posting plaintiff's copyrighted materials in excess of fair use; (2) the plaintiff has failed to demonstrate the need for accelerated discovery especially as the defendant does not enjoy the same privilege; (3) Counsel Hogan has repeatedly acted in bad faith both toward me and the court by abusing his privilege of deposing me in an expedited manner by trying to dupe the defendant and the court as to how long we had agreed to be deposed and by misinforming the court that he has contacted me by e-mail when in fact he had not; plaintiff's motion page 3 line 13, plaintiff has in fact not presented evidence that Grady Ward is the poster known as SCAMIZDAT except for unauthenticated -- and in some cases outright forged -- computer printouts that only present a post hoc proter hoc logic to the conclusion the plaintiff would like the court to draw. Page 3, line 20 of plaintiff's motion also mischaracterizes Grady Ward's testimony since I have totally and categorically denied making any postings that infringe the plaintiff's copyright. Page 4, line 20 is an outright lie since Grady Ward has never threatened to publish "a broad spectrum of RTC's unpublished works" in violation of either copyright or trade secret laws. In spite of the repeated instances of bad faith on the part of the plaintiff which is especially opprobrious in the case of a pro per defendant, I do not oppose the plaintiff's motion for accelerated third party discovery as described in their motion. May 9, 1996 ________________________________________ Grady Ward, in pro per